[Federal Register Volume 69, Number 5 (Thursday, January 8, 2004)]
[Notices]
[Page 1304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-341]


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DEPARTMENT OF JUSTICE

Drug Enforcement Administration


Jong H. Bek, M.D., Revocation of Registration

    On August 16, 2002, the Deputy Administrator of the Drug 
Enforcement Administration (DEA), issued a Notice of Immediate 
Suspension of Registration and Order to Show Cause to Jong H. Bek, M.D. 
(Dr. Bek), notifying him of an opportunity to show cause as to why DEA 
should not revoke his DEA Certificate of Registration, AB5580243, as a 
practitioner, and deny any pending applications for renewal or 
modification, for reason that Dr. Bek's continued registration would be 
inconsistent with the public interest, as that term is used in 21 
U.S.C. 824(a)(4). The Notice of Suspension, Order to Show Cause further 
informed Dr. Bek of the suspension of his DEA Certificate of 
Registration, as an imminent danger to the public health or safety 
pursuant to 21 U.S.C. 824(d).
    The Notice of Suspension, Order to Show Cause alleged, in part, 
that Dr. Bek repeatedly prescribed controlled substances to undercover 
law enforcement personnel without a legitimate medical purpose, and was 
arrested on state felony murder charges after prescribing Xanax (a 
Schedule IV controlled substance) to two patients who subsequently 
overdosed on a combination of Xanax and heroin. It was further alleged 
that on July 25, 2002, the Indiana Medical Board issued a 90-day 
emergency suspension of Dr. Bek's medical license, thus, rendering him 
without authorization to practice medicine or handle controlled 
substances during the period of suspension. Finally the Notice of 
Suspension, Order to Show Cause further notified Dr. Bek that should no 
request for a hearing be filed within 30 days, her hearing right would 
be deemed waived.
    The Order to Show Cause was personally served on Dr. Bek on August 
21, 2002 at a detention facility in Lake County, Indiana, where Dr. Bek 
was awaiting trial on the above referenced felony charges. DEA has not 
received a request for hearing or any other reply from Dr. Bek or 
anyone purporting to represent him in this matter.
    Therefore, the Acting Deputy Administrator of DEA, finding that (1) 
thirty days having passed since the delivery of the Notice of 
Suspension, Order to Show Cause to Dr. Bek, (2) no request for hearing 
having been received, concludes that Dr. Bek is deemed to have waived 
his hearing right. See David W. Linder, 67 FR 12579 (2002). After 
considering material from the investigative file in this matter, the 
Acting Deputy Administrator now enters her final order without a 
hearing pursuant to 21 CFR 1301.43(d) and (e) and 1301.46.
    The Acting Deputy Administrator finds that Dr. Bek currently 
possesses DEA Certificate of Registration AB5580243. A review of the 
investigative file reveals that on August 31, 2002, the Indiana State 
Medical Licensing Board (Board) issued an Order summarily suspending 
Dr. Bek's medical license in that state. While not outlining the 
specific basis for its action, the suspension order nevertheless 
alleged that Dr. Bek was ``defending certain State of Indiana criminal 
charges'' and that the matter was set for trial on April 28, 2003. The 
Acting Deputy Administrator has recently received information that on 
October 24, 2002, Dr. Bek and the Board entered into a Stipulation and 
Agreement to Extension of Summary Suspension, whereby the parties 
agreed that the suspension at issue would be extended ``until the 
criminal charges against [Dr. Bek] are resolved and until the Board has 
an opportunity to take final action on his license.''
    The Acting Deputy Administrator has obtained a copy of a letter 
dated October 16, 2003, from the Director of the Indiana Medical 
Licensing Board, Health Professions Bureau to the Merrillville Resident 
Office of DEA notifying that Dr. Bek's Indiana state medical license 
remains suspended. The investigative file contains no evidence that the 
agreed extension of the Board's suspension order regarding Respondent's 
medical license has been lifted and the Acting Deputy Administrator has 
received no evidence that Dr. Bek's medical license has been 
reinstated. Therefore, the Acting Deputy Administrator finds that Dr. 
Bek is not currently authorized to practice medicine in the State of 
Indiana. As a result, it is reasonable to infer that he is also without 
authorization to handle controlled substances in that state.
    DEA does not have statutory authority under the Controlled 
Substances Act to issue or maintain a registration if the applicant or 
registrant is without state authority to handle controlled substances 
in the state in which he conducts business. See 21 U.S.C. 802(21), 
823(f) and 824(a)(3). This prerequisite has been consistently upheld. 
See James F. Graves, M.D., 67 FR 70968 (2002); Dominick A. Ricci, M.D., 
58 FR 51104 (1993); Bobby Watts, M.D., 53 FR 11919 (1988).
    Here, it is clear that Dr. Bek's medical license is currently 
suspended and therefore, he is not currently licensed to handle 
controlled substances in the State of Indiana, the state where he 
maintains a DEA controlled substance registration. Therefore, Dr. Bek 
is not entitled to a DEA registration in that state. Because Dr. Bek is 
not entitled to a DEA registration in Indiana due to his lack of state 
authorization to handle controlled substances, the Acting Deputy 
Administrator concludes that it is unnecessary to address whether his 
registration should be revoked based upon the other grounds asserted in 
the Notice of Immediate Suspension of Registration and Order to Show 
Cause. See Fereida Walker-Graham, M.D., 68 FR 24761 (2003); Nathaniel-
Aikens-Afful, M.D., 62 FR 16871 (1997); Sam F. Moore, D.V.M., 58 FR 
14428 (1993).
    Accordingly, the Acting Deputy Administrator of the Drug 
Enforcement Administration, pursuant to the authority vested in her by 
21 U.S.C. 823 and 824 and 28 CFR 0.100(b) and 0.104, hereby orders that 
DEA Certificate of Registration AB5580243, issued to Jong H. Bek, M.D. 
be, and it hereby is, revoked. The Acting Deputy Administrator further 
orders that any pending applications for renewal or modification of 
such registration be, and they hereby are, denied. This order is 
effective February 9, 2004.

    Dated: December 18, 2003.
Michele M. Leonhart,
Acting Deputy Administrator.
[FR Doc. 04-341 Filed 1-7-04; 8:45 am]
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